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Intellepedia – IP News Center

Confidential Information: Basic Clauses in a Non-Disclosure Agreement

This image depicts a stamp of the word confidential. THis image is relevant because this post talks about the basic clauses of a Non-Disclosure Agreement. Click on the image to view full post.

This post was first published on August 15th, 2011. One of the most widely adopted measures to protect secrecy is the execution of a Non-Disclosure Agreement (NDA). It is a common practice to sign an NDA before disclosing any confidential information. A well-drafted NDA is easy to understand, not too long and lucid. Important clauses in an NDA include: Definitions; Confidentiality; and Term and Termination. a. Definitions Clause The definitions clause in an agreement defines important terms used in the agreement. The objective is to avoid any confusion with respect to the meaning of critical terms used in the agreement. Every NDA must...

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How Many More Patents Would it Take to Make the World a Better Place to Live in?

This post was first published on July 30th, 2011. In a country like India where the sun is out for the major part of the day, I wonder if we are capitalizing enough on this abundant and sustainable source of energy, especially in a time when we are close to running out of conventional resources such as oil, gas, and coal. Harnessing this energy in order to make the surrounding environment a little more conducive for better living has become imperative. There has been some significant work in the field of green technologies, especially solar energy and wind energy and also subsequent...

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Kindle eBooks, FDI eCommerce Policy and Amazon Marketplace – Non-compliance Continues Contd.

Amazon Marketplace Non Compliance

Amazon Seller Services Private Limited ("Amazon") runs the eCommerce marketplace at www.amazon.in, and among other products, Amazon facilitates sale of eBooks and/or eBook subscription licenses on the platform at its Kindle eBook Store at https://www.amazon.in/Kindle-eBooks/b?ie=UTF8&node=1634753031. In my opinion, Amazon's business and approach with respect to eBooks does not comply with the recent FDI eCommerce guidelines by virtue of the following: By exclusively permitting only its group company Amazon Asia Pacific ("Amazon APAC") to sell eBooks on its marketplace; By giving preferential treatment to Amazon APAC's eBook products on the Marketplace; By requiring authors to publish exclusively on its marketplace through...

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Are Rajinikanth’s Methods Patentable?

This post was first published on July 27th, 2011. Patentability of process inventions has always been interesting and controversial. We have earlier reported that the methods of performing yoga, massaging, walking on water and so on are patentable. After reading some of these posts, one of my colleagues (seemingly a big Rajinikanth fan) was curious about the patentability of Rajinikanth's methods and hence this post. Let us begin with the basics. As per the Indian Patents Act, any process or product is patentable if it meets all patentability requirements. All methods are therefore patentable unless they are expressly excluded under Section 3,...

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Reasonable Measures for Secrecy

This post was first published on July 4, 2011. One of the basic and most important requirements for protection of trade secrets is reasonable measures. Despite its value, information would not be considered to be a trade secret unless reasonable measures are taken to protect its secrecy. A measure is considered to be reasonable if it gives notice of the existence of a secret and mandates or imposes its non-disclosure. While the stringency of a measure would provide a strong basis to prove existence of a trade secret, measures need not be very stringent or unbreakable. Some measures that have been considered...

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Autodesk, Inc. & Another v. Mr. Prashant Deshmukh & Others

This post was first published on June 25, 2011. Facts:  Autodesk Inc. is a well known U.S. based design software and digital content company which provides design software to professionals and has a large market in India as well. It is also the owner of various Trademarks in India including AUTODESK and AutoCAD.  Microsoft Corporation is the owner of various well known computer software like Microsoft Office and Microsoft Windows, having a subsidiary company in India. In May, 2003, Microsoft received information from Mr. Devesh Tiwari, a Service Engineer for computers of M & S Consultancy Services, about large scale use of...

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Intermediaries, Marketplaces and Take Down Actions

Intermediaries, Marketplaces and Take Down Actions

My colleague, Ashwini Arun, brought an interesting post on Spicy IP on SareGama's take down notice to my attention. The post talks about take down of one of its articles, and may be read at: https://spicyip.com/2019/02/saregama-pa-rdon-me-you-have-the-wrong-address-on-the-perils-and-pitfalls-of-notice-and-takedown.html. It is unfortunate that SareGama decided to include an article from Spicy IP, renowned for its well-researched articles and contributions to IP discourse, in its Take Down list. I am assuming that the inclusion of the link by SareGama was an inadvertent act of one of its Take Down service providers, who automate most of the process and approach taking down links to infringing...

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SAP Aktiengesellschaft & Anr (Plaintiff) Vs. Sadiq Pasha, Proprietor, M/s Neologik India

This post was first published on June 7, 2011. Pfizer Inc. filed a suit against Watson Laboratories, on June 1, 2011 in the United States District Court for the Southern District of New York seeking to prevent Watson from commercializing sildenafil citrate tablets prior to the expiration of Pfizer’s Viagra. Watson's sildenafil citrate tablets are a generic version of Pfizer Inc.'s Viagra, which is indicated for the treatment of erectile dysfunction (ED). Sildenafil citrate enhances the effect of nitric oxide, which plays a key role in creating erections, by inhibiting a chemical which can restrict its action. Pfizer's lawsuit was filed...

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Matrubhumi Printing and Publishing Ltd v. IPRS

This post was first published on June 21, 2011. FAO. No. 82 of 2009, Kerala High Court, decided by Justice M.N. Krishnan FACTS The Petitioner no 1, Matrubhumi Printing and Publishing Ltd who operates a licensed Radio Station “Club FM 94.3” in parts of Kerala has a license from the Phonographic Performance Limited (PPL) to broadcast sound recordings. Indian Performing Rights Society (IPRS), the defendant, a society of composers, lyricists etc which grants licenses with respect to musical and literary works threatened to initiate action against Matrubhumi as a license to broadcast was not sought from them. Thereby an interim injunction is...

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Sholay Media and Entertainment Pvt. Ltd. and Anr. v. Vodafone Essar Mobile Services Ltd. and Ors.

This post was first published on June 12, 2011. (Delhi High Court, 09.05.2011) FACTS: Plaintiff No. 1 i.e. Sholay Media and Entertainment Pvt. Ltd. acquired all rights in the film "Sholay" in the year 2000 and was exploiting these rights in various areas such as  ringtones, caller tunes etc.  Certain rights in the film were assigned to Polydor of India by an assignment deed of 1978. The rights assigned to Polydor of India were acquired by Defendant No. 3 i.e. M/s Universal Music India Pvt. Ltd. The Plaintiffs alleged that Vodafone Essar Mobile Services Ltd. and Vodafone Essar Ltd. (Defendants No. 1 &...

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